What Are the Steps for Probate in Nevada?

You’ll follow nine key steps when navigating the Nevada probate process. The basic steps are: initiate the process by filing a petition; publishing notice to creditors; inventorying the estate; filing an accounting; and distributing assets. 

All nine steps are detailed below to help you go through probate in Nevada. You can find the probate law in Title 12 of the Nevada revised statutes. 

Understanding these steps is crucial, but there’s more to consider for a smooth probate experience.

Step 1: Locate the Will and Important Information

Perhaps the first step is to locate the last will and testament of the the deceased person. If the decedent dies without a Will, they are said to have died intestate. Of course, you will also need the death certificate.

You are looking for the original will, not just a copy. The original will must be lodged or filed with the district court clerk within 30 days of death, or at least 30 days after receiving knowledge of the testator’s death. 

You should also begin the process of gathering information about the assets that will make up the probate estate. This may include:

• Real property
• Bank accounts
• Brokerage accounts
• Vehicles
• Closely-held business interests
• Retirement accounts without named beneficiaries
• Life insurance without beneficiaries who are living

Real estate held in joint tenancy with a surviving spouse or other person will pass to the surviving joint tenant without probate. Remember, this really just delays probate until the surviving property owner passes away unless they do something to avoid probate with the property. The same is true with joint accounts.

Nevada only has jurisdiction over real property in Nevada. If you find real estate the deceased person owned in another state, an ancillary probate may be required in that state.

Step 2: Initiate Probate

To open probate in Nevada, a petition for probate must be filed with the court. This marks the beginning of the probate timeline, which can vary depending on the complexity of the estate. The petition filed with the probate court is one seeking to admit the will to probate, if there is one, appointing a personal representative, and issuing letters testamentary or letters of administration.

If there was no will, before filing, ensure you’re meeting the residency requirements for administrators in Nevada. Read this article to learn more about who can serve as administrator when there is no will.

When initiating probate, you’ll need to meet specific criteria, including the deceased’s residency and the value of the estate. These factors will influence the type of probate process you’ll follow. The Nevadacourts will confirm jurisdiction is proper based on the deceased’s residency or property ownership in the state.

Once the petition is filed, in Clark County, the court clerk will set a hearing date several weeks out. If there is no objection and the petition is granted, you will be appointed personal representative and move on to Step 3.

Step 3: Publish Notice to Creditors

After the executor is appointed, you’ll need to provide notice to potential creditors. This step ensures all interested parties have the opportunity to make claims against the estate. 

The publication initiates either a 60-day or 90-day period during which creditors can file a claim against the estate. It’s essential to adhere to these claim deadlines and notification procedures to avoid extended probate proceedings and potential legal issues.

Those owed money by the decedent must file their claim with the court within the 60 or 90-day period, or they are barred from collecting the debts owed. 

To meet the legal requirements, you must publish the notice to creditors in a newspaper of general circulation in the county where the probate is filed. In Clark County, Nevada, we publish the creditor notice in the Nevada Legal News.

Read this article to learn more about how long creditors have to file claims against the estate in Nevada. 

Step 4: Oath of Personal Representative

Letters testamentary (will exists) or letters of administration (no will) are issued by the clerk of the court and are your authority to administer the estate. They are key to allowing you to deal with the banks, etc. on behalf of the estate.

Before letters may be issued in a Nevada probate, the proposed executor or personal representative must take and subscribe an affirmation or oath before a notary public stating that they will administer their duties as required by Nevada probate law.  

The oath is usually attached to the Letters that are submitted court for issuance.

Step 5: Conducting Estate Inventory

A crucial step in the probate process is conducting a comprehensive inventory of the assets of the estate. As the court-appointed representative, you’ll need to meticulously list and value all assets owned by the deceased. This inventory is essential for determining the total value of the estate and ensuring fair distribution among beneficiaries.

When compiling the estate inventory, you should:

• List all real estate properties

• Include personal property such as vehicles, furniture, and jewelry

• Account for financial assets like bank accounts and investments

• Document any debts or liabilities of the estate

• Provide accurate valuations for each asset

This is where the assets information that you began to gather in Step 1 above comes into play.

Valuation methods may vary depending on the type of asset. For real estate, you might need professional appraisals, while financial accounts can be valued based on statements from the month in which the person died. It’s crucial to use appropriate valuation methods for each asset type to ensure accuracy.

You only need to include on the inventory those assets subject to probate. You must file an inventory within 120 days of Letters being issued.

Be thorough and precise in your inventory to avoid delays or complications. Remember, an accurate estate inventory is the foundation for fair asset distribution among beneficiaries.

Step 6: Selling Property

Some estates have real property that eithers needs to be sold or you may just want to sell. If you are going to sell real property located in Nevada, you, as personal representative must file and publish a notice of sale. 

Once Letters are issued, the executor may list the property for sale if needed.  Once a buyer is found, the next step depends upon the type of probate administration that you have.

If you petition the probate court for administration under the Independent Administration of Estates Act, you do not need to confirm the sale with the court. But the probate code does require to notice interested parties such as the beneficiaries of the sale.

Without Independent Administration, a petition for confirmation of sale must be filed to request court approval of the sale. At the hearing, the court must open an auction for the property, allowing for additional bids to be made by other interested buyers.

You do not need to worry about having the sale approved by the court if you are selling perishable or depreciating personal property.  Otherwise, with certain exceptions, selling personal property is subject to court authorization after a short notice period.

The laws governing the sale of estate property are found in the Nevada revised statutes here.

Step 7: Accounting

Unless waived by all of the beneficiaries, an initial accounting must be filed with the court within 6 months of the executor being appointed. And before the probate case can be closed, a final accounting must be filed.

My experience has been that those filing probate matters in the eighth judicial district court often do not file the first accounting within the required 6 month period. Rather, they simply file a first and final accounting at the end of the probate administration.

In the accounting the administrator details all of the income, expenses, and increases or decreases in value of estate assets. The accounting also sets forth the estate assets on hand for distribution.

Step 8: Distributing Assets

Once you’ve completed the estate accounting, the next major step in the Nevada probate process is distributing the assets to beneficiaries. Authority to distribute the estate is usually part of the petition to settle the final accounting.

It’s crucial to settle any outstanding debts and consider tax implications before distribution. As the personal representative, you’ll want to make sure that timely filed creditor claims approved by the court are paid. Also ensure that the decedent’s final income tax return is filed.

In making distributions, you’ll need to follow Nevada’s intestate succession laws if there’s no will, or adhere to the will’s instructions if one exists. Remember, you’re responsible for ensuring accurate and lawful distribution of assets to an heir or beneficiary.

Once debts are cleared, you can begin transferring assets to beneficiaries. Keep detailed records of all transactions and obtain signed receipts from beneficiaries. Proper documentation is essential to protect yourself and ensure a smooth probate process in Nevada.

Step 9: Order of Discharge

Once the debts and expenses are paid, assets distributed, and beneficiary receipts received, in is time to file the Order of Discharge. Upon the court signing the Order of Discharge, the formal probate proceeding is closed and you are discharged from any further responsibility for the estate.

Frequently Asked Questions

How Long Does the Probate Process Typically Take in Nevada?

You’ll typically face a probate timeline of 6 months to 1 year in Nevada. Legal implications can extend this process if there are disputes or complex assets. It’s wise to consult experienced probate attorneys for efficient handling.

What Happens if There’s No Will or Named Executor?

If there’s no will or executor named in a will, the court will appoint a personal representative, typically a family member, to handle estate distribution according to Nevada’s laws of intestacy.

Can Probate Be Avoided in Nevada? if So, How?

Yes, you can avoid probate in Nevada through proper estate planning. You’ll want to consider alternative methods like creating living trusts, using joint ownership, and designating beneficiaries. These strategies can help transfer assets directly, bypassing the probate process.

Are There Different Types of Probate Processes in Nevada?

Yes, Nevada offers different types of probate processes. You’ll find simplified probate options like Set Aside and Small Estate Affidavit for smaller estates. General Administration and Summary Administration are available for larger estates, with independent administration possible in some cases.

What Are the Fees Associated With Probate in Nevada?

You’ll encounter various probate fees in Nevada, including court costs, attorney fees, and personal representative compensation. The probate timeline affects costs, with longer processes typically incurring higher fees. Often, the executor will waive their compensation. See this article regarding attorney fees in Nevada.

Conclusion

You’ve now learned the key basic steps for probate in Nevada. Remember, you’ll need to:

• Initiate the process by filing a petition
• Provide notice
• Appoint a personal representative
• Conduct an estate inventory
• Provide an accounting
• Distribute assets

If you’re unsure about the process, consider consulting with a Nevada law firm like ours that specializes in probate. We can help clarify and guide you through the entire probate procedure. This can be particularly helpful if the decedent didn’t leave a will, as Nevada’s intestacy laws will then determine how assets are distributed.

If you’re feeling overwhelmed, don’t hesitate to seek legal advice. Proper preparation will make the process smoother for everyone involved.